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Products Liability Keyed Owen, 8th Ed.
Olson v. Prosoco, Inc.
Citation:
522 N.W.2d 284 (1994)Facts
On December 15, 1988, David Olson, a bricklayer foreman for Seedorf Masonry Company, noticed a fifteen-gallon drum of “Sure Klean 600” mortar cleaner sitting on the ground. To prevent the drum from freezing to the ground, Olson picked it up and placed it on a nearby pallet. When he dropped the drum on the pallet, the bung closure popped out, causing hydrochloric acid-based cleaner to splash into his right eye. Despite extensive medical care, Olson lost sight in his right eye and eventually required an artificial eye. The mortar cleaner was manufactured and packaged by Prosoco, while the drum and bung closures were manufactured by Delta Drum Corporation and Rieke Corporation, respectively. Olson sued all three companies, but Delta Drum and Rieke settled before trial. The jury found Prosoco 100% at fault under both negligence and strict liability theories.
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